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Patents Glossary
Below you will find an alphabetical list of definitions for frequently used words and phrases related to patents.
Abandonment - A patent application may become abandoned for failure to file a complete and proper reply as required under existing patent laws and regulations. Abandonment may be either of the invention or of an application.
Agent - (may be referred to as a practitioner or representative) One who is not an attorney but is authorized to act for or in place of a patent applicant(s) before the U.S. Patent and Trademark Office, that is, an individual who is registered to practice before the USPTO.
Applicant - Inventor or joint inventors who are applying for a patent on their own invention, or the person who is authorized to apply for a patent in place of the inventor.
Application - An application for patent filed under federal law that includes all types of patent applications (i.e., utility, design, plant, and reissue) except provisional applications. The nonprovisional application establishes the filing date and initiates the patent examination process. A nonprovisional utility patent application must include a specification, including a claim or claims; drawings, when necessary; an oath or declaration; and the prescribed filing fee.
Assignment - A transfer of ownership of a patent application or patent from one entity to another. Record all assignments with the USPTO Assignment Services Division to maintain clear title to pending patent applications and patents.
BPAIIS - Board of Patent Appeals and Interferences Information System.
Cancelled Claim - A patent claim that is canceled or deleted. "Canceled" is the status identifier that should be used when a claim is canceled in an application
Certificate of Mailing - A certificate for each piece of correspondence mailed, prior to the expiration of the set period of time for response, stating the date of deposit with the U.S. Postal Service and including a signature.
Claims - Patent claims define the invention and are what aspects are legally enforceable. The specification must conclude with a claim particularly pointing out and distinctly claiming the subject matter which the patent applicant regards as his invention or discovery. The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable (clearly understood ) by reference to the description.
Co-Inventor - An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception (creation) of the invention set forth in at least one claim in a patent application.
Combination Patent - A patent granted for an invention that unites existing components in a novel way.
Common Inventor - An inventor whose name is listed on multiple patent applications or granted patents, making the inventions at least partially the work of the same person.
Concept - An idea or design.
Counterpart - an application filed in a foreign patent office that is substantially similar to (like) the patent application filed with the USPTO and is based upon some or all of the same invention. The two applications would generally have the same applicant.
Declaration - A document in which an applicant for patent declares, under penalty of fine or imprisonment (or both) that (1) he or she is the original or sole inventor, (2) shall state of what country he or she is a citizen, (3) that he or she has reviewed and understands the contents of the specification and claims which the declaration refers to, and (4) acknowledges the duty to disclose information that is material to patentability as defined by federal law.
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